In this subtitle, the following terms have the meanings indicated. “Decibel” or “dB” means the unit of measurement of relative sound intensity equal to 20 times the logarithm to the base 10 of the ratio of the effective sound pressure to a reference pressure of 20 micronewtons per square meter. In formula, dB = 20 Log₁₀ P/P₀ where P is the average pressure of the measured sound, and P₀ indicates the reference pressure considered to be the weakest audible pressure a young ear can detect under ideal listening conditions. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|health|§9-218">§ 9-218 {“Penalties”} of this subtitle</cite>, a governmental entity or an instrumentality or unit of a governmental entity. “Sound level A” or “dB(A)” is the sound level in decibels, measured with a sound level meter that uses the A-weighting network or scale, as specified in ANSI S1.4 (“Specification for Sound Level Meters”), as amended from time to time. “Use” means any activity, occupation, business, or operation that is conducted on land or in or on a street, building, pier, wharf, or other structure. “Zone, commercial” means any of the following zoning districts established under the Baltimore City Zoning Code:all Commercial Zoning Districts; all OIC Office-Industrial Campus Zoning Districts; all BSC Bio-Science Campus Zoning Districts; all IMU-1 and IMU-2 Industrial Mixed-Use Zoning Districts; and all TOD Transit-Oriented Development Zoning Districts. “Zone, manufacturing” means any of the following zoning districts established under the Baltimore City Zoning Code:all I-1 Light Industrial Zoning Districts; all I-2 General Industrial Zoning Districts; and all MI Maritime Industrial Zoning Districts. “Zone, residential” means any of the following zoning districts established under the Baltimore City Zoning Code:all Residential Zoning Districts; and all Office-Residential Zoning Districts. City Code, 1976/83, art. 11, §230 (parts) Ord. 99-548 Ord. 16-581 Ord. 19-244 Ord. 22-125

The Mayor and City Council finds that excessive or unnecessary noise in the City is a menace to the welfare and prosperity of the people of the City. It is the public policy of the City that:everyone is entitled to an ambient noise level that is not detrimental to life, health, or enjoyment of property; the ambient noise level in the City should be controlled and reduced:to promote the public health, safety, and welfare and the peace and quiet of the City’s inhabitants; and to facilitate the enjoyment of the City’s natural attractions; and to those ends, standards for noise must be set and enforced, as provided in this subtitle. City Code, 1976/83, art. 11, §229(1st, 2nd pars.) Ord. 99-548

No person may cause or permit a sound level that exceeds the applicable level specified in this subtitle. No person may cause or permit a sound level from the construction, repair, or demolition of a structure or street that exceeds any applicable level set by a rule or regulation of Commissioner, except in accordance with a temporary exemption permit or as necessary to do emergency work. No person may operate a motor vehicle so as to exceed any applicable sound level set by a rule or regulation of the Commissioner. No person may use a vehicle horn except:as reasonably necessary to assure safe operation; or as an emergency warning signal. For sound levels set in this subtitle, measurements must be made with instruments calibrated by means of accepted acoustical techniques to an accuracy of plus or minus 1 dB(A). City Code, 1976/83, art. 11, §§235(a), (e), 238(a). (b), (e) Ord. 99-548

Except as otherwise specified in this subtitle, the maximum permissible sound levels are as set in this section for the applicable zone. Where the property line of a use coincides with a zone boundary, the level specified in this section for the zone boundary controls. Where the use is on a public street, the “property line” referred to in this section is the boundary of the public right-of-way. If the sound is from a use in a manufacturing zone, the maximum permissible sound level is:75 dB(A) at any point on the property line of the use; 70 dB(A) at any point on a boundary that separates the manufacturing zone from a commercial zone; and 70 dB(A) at any point on a boundary that separates the manufacturing zone from a residential zone. If the sound is from a use in a commercial zone, the maximum permissible sound level is:61 dB(A) at any point on the property line of the use; 64 dB(A) at any point on a boundary that separates the commercial zone from a manufacturing zone; and 58 dB(A) at any point on a boundary that separates the commercial zone from a residential zone. If the sound is from a use in a residential zone, the maximum permissible sound level is:55 dB(A) at any point on the property line of the use; 61 dB(A) at any point on a boundary that separates the residential zone from a manufacturing zone; and 58 dB(A) at any point on a boundary that separates the residential zone from a commercial zone. City Code, 1976/83, art. 11, §235(b), (c) Ord. 99-548

Between the hours of 9 p.m. and 7 a.m., the maximum permissible sound specified in <cite data-path="|health|§9-206">§ 9-206 {“Limits”} of this subtitle</cite> must be reduced by 5 dB(A) for any use that: borders on a residential zone; or except for the level permitted by <cite data-path="|health|§9-206|(d)|(2)">§ 9-206(d)(2) of this subtitle</cite>, is in a residential zone. City Code, 1976/83, art. 11, §236(a) Ord. 99-548

The maximum permissible sound levels specified in <cite data-path="|health|§9-206">§ 9-206 {“Limits”} of this subtitle</cite> may be exceeded by no more than:5 dB(A) for a total of not more than 12 minutes in any 1-hour period; 10 dB(A) for a total of not more than 3 minutes in any 1-hour period; or 15 dB(A) for a total of not more than 30 seconds in any 1-hour period. Noncommercial vehicular repairs and the use of home workshops, power tools, and power garden equipment are allowed:between the hours of 7 a.m. and 9 p.m. on weekdays; and between the hours of 10 a.m. and 10 p.m. on weekends and legal holidays. Air conditioning and heat pump equipment used to cool or heat housing on residential property may exceed the maximum sound levels specified in <cite data-path="|health|§9-206">§ 9-206 {“Limits”} of this subtitle</cite> as long as the sound level does not exceed:for air conditioning equipment, 70 dB(A) at any point on the property line of any other residential property; and for heat pump equipment, 75 dB(A) at any point on the property line of any other residential property. City Code, 1976/83, art. 11, §236(b), (d) Ord. 99-548

When in the public interest, the Commissioner of Health may grant a temporary exemption from the maximum permissible sound levels specified in this subtitle. An application for a temporary exemption must be made in the form that the Commissioner requires. In addition to any other information that the Commissioner requires, the application must contain:the name of the applicant; the location of the property for which the exemption is requested; the dates and hours for which the exemption is requested; the equipment, instruments, or devices that will be producing the sound; the name of the person in charge of operating the equipment, instruments, or devices; and a statement of the reason the exemption is needed or appropriate. A temporary exemption must:be in writing; be signed by the Commissioner; and set forth:the name of the person granted the exemption; the location of the property for which the exemption is granted; the dates and hours for which the exemption is effective; the equipment, instruments, or devices to which the exemption is limited; and any conditions or requirements that the Commissioner specifies. A temporary exemption:may be granted only for a period that is reasonable in view of all the facts, but in no case for more than 30 days; may not be granted more than 3 times in any 1 calendar year for the same location; and may not permit its holder to exceed the maximum permissible sound levels specified in this subtitle by more than 25 dB(A). City Code, 1976/83, art. 11, §239 Ord. 99-548

If the Commissioner of Health believes that any provision of this subtitle has been violated, the Commissioner may issue a written notice to the alleged violator. The notice must:specify the nature and facts of the violation, including the dB(A) readings noted and the time and place of their detection; and order corrective action to be taken within the time the Commissioner specifies. City Code, 1976/83, art. 11, §240(a)(parts) Ord. 99-548

If corrective action is not taken within the time specified in the notice, the Commissioner may institute injunctive or other legal proceedings in a court of competent jurisdiction City Code, 1976/83, art. 11, §§240(c), 242(b) Ord. 99-548

Subject to paragraph (2) of this subsection, any person may bring a civil action against any person who is in violation of a noise control requirement of this subtitle. An action under this subsection may not be brought:before 60 days after the complainant has given notice of the violation to the Commissioner and to the alleged violator; or while the Commissioner is diligently prosecuting a civil action to require the alleged violator to comply with this subtitle. Nothing in this subtitle limits the right of any person to damages or other relief for injury to person or property. City Code, 1976/83, art. 11, §§240(d), 242(c) Ord. 99-548

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 99-548 Ord. 03-595

Any person who neglects, refuses, or otherwise fails to comply with a notice issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. Each day a violation continues is a separate offense. City Code, 1976/83, art. 11, §242(a) Ord. 99-548